BILL NUMBER: SB 748 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 1, 2009
INTRODUCED BY Senator Leno
FEBRUARY 27, 2009
An act to add Section 6254.30 to the Government Code,
relating to public records 14029.5 to the Penal Code,
relating to witness relocation and assistance .
LEGISLATIVE COUNSEL'S DIGEST
SB 748, as amended, Leno. Public records: Witness
Relocation and Assistance Program. Witness Relocation
and Assistance Program: address records.
Existing law prohibits a state or local agency from posting on the
Internet the home address or telephone number of any elected or
appointed official, as defined. It also prohibits, and makes
punishable as a misdemeanor or felony, as specified, any person from
knowingly posting this information or that of the official's residing
spouse or child on the Internet knowing that person is an elected or
appointed official and intending to cause imminent great bodily harm
to that individual.
This bill would prohibit a state or local agency from posting on
the Internet the home address or telephone number of any participant
in the Witness Relocation and Assistance Program, as defined. It also
prohibits, and makes punishable as a misdemeanor or felony, as
specified, any person from knowingly posting this information or that
of the participant's residing spouse or child on the Internet
knowing that person is a participant in the Witness Relocation and
Assistance Program and intending to cause imminent great bodily harm
to that individual. By making a violation of these provisions a
crime, this bill would impose a state-mandated local program.
Existing law establishes the Witness Relocation and Assistance
Program.
This bill would provide that no person, state, or local public
agency, or private entity shall knowingly post the home address or
telephone number of any witness or witness family member
participating in the Witness Relocation and Assistance Program, and
that a violation of these provisions would be a misdemeanor
punishable by a fine of up to $2,500, or up to 6 months in a county
jail, or by both that fine and imprisonment. The bill would also
provide that a violation that leads to the bodily injury of the
witness, or the witness' family members who are participating in the
program, is a misdemeanor punishable by a fine of up to $5,000, or up
to one year in a county jail, or by both that fine and imprisonment.
The bill would authorize participants in the program to submit
opt-out forms to Internet search engine providers to notify those
providers of the participants, and to prevent inclusion of the
participants addresses and telephone numbers in public Internet
search databases, as specified. The bill would authorize a witness
whose home address or telephone number is made public as a result of
a violation to bring an action seeking injunctive or declaratory
relief. The bill would further provide that no person, business, or
association shall solicit, sell, or trade on the Internet the home
address or telephone number of a witness with the intent to cause
imminent great bodily harm to the witness or to any person residing
at the witness' home address and would authorize an action for
damages, as specified, for a violation of these provisions.
By creating new crimes, this bill would impose a state-mandated
local program.
(2) The
The California Constitution requires the state to
reimburse local agencies and school districts for certain costs
mandated by the state. Statutory provisions establish procedures for
making that reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 14029.5 is added to the
Penal Code , to read:
14029.5. (a) No person, state or local public agency, or private
entity shall knowingly post the home address or telephone number of
any witness or witness family member participating in the Witness
Relocation and Assistance Program (WRAP) on the Internet. A violation
of this subdivision is a misdemeanor punishable by a fine of up to
two thousand five hundred dollars ($2,500), or imprisonment of up to
six months in a county jail, or by both that fine and imprisonment. A
violation that leads to the bodily injury of the witness, or a
family member of the witness who is participating in the program, is
a misdemeanor punishable by a fine of up to five thousand dollars
($5,000), or imprisonment of up to one year in a county jail, or by
both that fine and imprisonment.
(b) Upon admission to the WRAP program, local or state prosecutors
shall give each participant a written opt-out form for submission to
relevant Internet search engine companies or entities. This form
shall notify entities of the protected person and prevent the
inclusion of participant's addresses and telephone numbers in public
Internet search databases.
(c) A witness whose home address or telephone number is made
public as a result of a violation of subdivision (a) may bring an
action seeking injunctive or declaratory relief in any court of
competent jurisdiction. If a jury or court finds that a violation has
occurred, it may grant injunctive or declaratory relief and shall
award the witness court costs and reasonable attorney's fees.
(d) (1) No person, business, or association shall solicit, sell,
or trade on the Internet the home address or telephone number of a
witness with the intent to cause imminent great bodily harm to the
witness or to any person residing at the witness' home address.
(2) Notwithstanding any other provision of law, a witness whose
home address or telephone number is solicited, sold, or traded in
violation of paragraph (1) may bring an action in any court of
competent jurisdiction. If a jury or court finds that a violation has
occurred, it shall award damages to that witness in an amount up to
a maximum of three times the actual damages, but in no case less than
four thousand dollars ($4,000).
SECTION 1. Section 6254.30 is added to the
Government Code, to read:
6254.30. (a) For purposes of this section, "participant in the
Witness Relocation and Assistance Program" means an individual
certified by law enforcement as being a participant in the Witness
Relocation and Assistance Program (Title 7.5 (commencing with Section
14020) of Part 4 of the Penal Code).
(b) No state or local agency shall post the home address or
telephone number of any participant in the Witness Relocation and
Assistance Program on the Internet without first obtaining the
written permission of that individual.
(c) No person shall knowingly post the home address or telephone
number of any participant in the Witness Relocation and Assistance
Program, or of the participant's residing spouse or child, on the
Internet knowing that person is in the Witness Relocation and
Assistance Program and intending to cause imminent great bodily harm
that is likely to occur or threatening to cause imminent great bodily
harm to that individual. A violation of this subdivision is a
misdemeanor. A violation of this subdivision that leads to the bodily
injury of the individual, or his or her residing spouse or child, is
a misdemeanor or a felony.
(d) (1) No person, business, or association shall publicly post or
publicly display on the Internet the home address or telephone
number of any participant in the Witness Relocation and Assistance
Program if that individual has made a written demand of that person,
business, or association to not disclose his or her home address or
telephone number. A written demand made under this paragraph shall be
effective for four years and may be renewed for an additional four
years if law enforcement certifies the criminal proceeding is
pending, regardless of whether or not the individual is still a
participant in the Witness Relocation and Assistance Program prior to
the end of the four-year period. For this purpose, "publicly post"
or "publicly display" means to intentionally communicate or otherwise
make available to the general public.
(2) A participant in the Witness Relocation and Assistance Program
whose home address or telephone number is made public as a result of
a violation of paragraph (1) may bring an action seeking injunctive
or declarative relief in any court of competent jurisdiction. If a
jury or court finds that a violation has occurred, it may grant
injunctive or declarative relief and shall award the official court
costs and reasonable attorney's fees.
(e) (1) No person, business, or association shall solicit, sell,
or trade on the Internet the home address or telephone number of a
participant in the Witness Relocation and Assistance Program with the
intent to cause imminent great bodily harm to the individual or to
any person residing at the individual's home address.
(2) Notwithstanding any other provision of law, a participant in
the Witness Relocation and Assistance Program whose home address or
telephone number is solicited, sold, or traded in violation of
paragraph (1) may bring an action in any court of competent
jurisdiction. If a jury or court finds that a violation has occurred,
it shall award damages to that individual in an amount up to a
maximum of three times the actual damages but in no case less than
four thousand dollars ($4,000).
(f) An interactive computer service or access software provider,
as defined in Section 230(f) of Title 47 of the United States Code,
shall not be liable under this section unless the service or provider
intends to abet or cause imminent great bodily harm that is likely
to occur or threatens to cause imminent great bodily harm to a
participant in the Witness Relocation and Assistance Program.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.